Video footage dominates second day of tree-sit preliminary hearing
By Chris Durant The Times-Standard
Article Last Updated: Friday, April 22, 2005 - 6:13:58 AM PST

EUREKA -- Video footage of a man accused of felony assault being stamped on the chest by a tree climber took center stage during the second day of a preliminary hearing in Superior Court Thursday.

Ramsey Noah Gifford has been charged by the Humboldt County District Attorney's Office for the alleged April 2003 assault which occurred at the top of a tree on Greenwood Heights Road.

Eric Schatz, a tree climber contracted with Pacific Lumber Co., was the only witness Thursday. The assault allegation stems from Schatz claiming Gifford attempted to tamper with his climbing gear while the two wrestled 200 feet above the ground.

Schatz was extracting an activist who had locked himself near a platform in the tree when Gifford climbed up the tree, without any safety equipment.

The first video shown Thursday depicted an unidentified person jumping from one tree to another. The video footage was jumpy and sporadic.

One of Gifford's attorneys, Michael Acosta, asked Schatz if he could recognize the person on the tape.

"I wouldn't have a clue who that is," Schatz said. "Not from that. I couldn't tell."

The next video, taken from the vantage point of a nearby tree, was more clear.

The footage showed a man identified by Schatz as one of his climbers, Michael Oxman, stepping on Gifford's chest and then kneeling on his chest while he and Schatz tried to subdue Gifford. At one point the video showed both of Oxman's feet on Gifford.

"What was the purpose of stepping with both feet?" Acosta asked.

"I don't think at any time he stepped with both feet," Schatz said.

Schatz told Acosta that "pain compliance" techniques were not part of any tree rescue training he received.

During the initial struggle, Gifford broke free and tried to escape the platform through a hole. Schatz said Gifford told him he was suicidal and believed he was trying to jump out of the tree.

Schatz tied a strap around Gifford's leg, just below the knee, and at times Gifford hung upside down from the tree.

Video footage from Schatz and Oxman's helmet cameras gave a close-up look at their efforts to secure Gifford so they could lower him down to the ground. The footage shows Gifford repeatedly refusing their efforts and resisting any attempt to put ropes or zip ties on him.

Gifford is heard numerous times complaining of how circulation was being cut off to his feet when he was dangling by the strap.

He also accused Oxman of trying to put a rope around his neck. Schatz said Oxman was attempting to put the rope around Gifford's body.

One part of the footage showed Oxman putting his elbow on Gifford's throat while Gifford complained of being choked.

"As long as Mr. Gifford was able to speak, technically he wasn't being choked," Schatz explained to Acosta.

Schatz is heard on the tape telling Oxman, "Don't choke him, give him air."

During a portion of the footage where Oxman was stepping on Gifford's chest, Schatz is heard telling Oxman "you got to get off him" at least five times.

Schatz said he wasn't sure if Oxman just wasn't doing what he was told or if he couldn't hear Schatz.

A few times during the head camera footage, Gifford is seen swiping at some of the climbers' ropes and appears to tinker with Schatz's harness.

Numerous times during the footage Schatz is heard accusing Gifford of trying to knock them off the platform and telling Gifford he was trying to save his life.

When Acosta asked about a gap in footage between when Gifford was first spotted climbing up the tree until the middle of the scuffle, Schatz explained he was more concerned about the situation than the camera work.

"Our first and only priority is to preserve life," Schatz said.

Acosta also asked about the screams of apparent agony heard from Gifford during the footage. Schatz said he believes some of the activists are over-dramatic.

"I can't say it was pain," Schatz said.

"So you think he might have been faking the pain," Acosta said.

The hearing, in front of Superior Court Judge John Feeney, is expected to resume today.

Deputy District Attorney Tim Stoen is prosecuting the case and did not have an opportunity to ask Schatz questions Thursday.